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DEED OF TRUST 2p0206420
<br />Loan No:774249 (Continued) Page 2
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Lxce at as otherwise Provided In this Dead of Trust, Borrower shall pay to Lentler all Indebmdoass
<br />secured by this Deed of treat as it becomes due, and Sermwer and 1 rus for shall strictly perform all if respective obligations antler the
<br />Note, this Dead of Trust, and the Related Documents,
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Truster 'a possession and use of
<br />the Property shall be governed by the following provisions.
<br />Possession and Use. Until the occurrence of an Event of Default, Trustur may 111 nzabrin in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property
<br />Duty to Maintain. Truster shall maintain the Property in tenantable beholden and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Truster represents and warrants to Lender that. 111 During) the a or threatened releo en of any
<br />of he Properly, there has been no use, generation, manular:turer average, treatment, disposal, release o
<br />Haranki Substance by any Person on under, about or from the Property; (2) Truster has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Loader In writing. (a) any breach or violation of any
<br />Envirionriental Laws, (b) any use, generation, rianufarnue, storage, treatinenp disposal, release or threatened release of any
<br />lazardeas Substance on, under, about or from the Property by any prior owners or occupants of the Property, or of any actual or
<br />threatened litigation or claims of any kind by any Person relating to such matters; and 13) Except as previously disclosed to and
<br />acknowledged by Lender In writing, (a) Points Truster nor any tenanq contractor, agent o r other authorized user of the Property
<br />shall use, prostate, manufacture, store, treat, dispose of or release any Hazamcos Gubstance on, under, shout or from the Property;
<br />and (bl any arch activity sboll be conducted in burolpfianto with all applicable federal, state, and local laws, regulations and
<br />ordinances, ircludeg without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such Inspections and tests, at Trustor', expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this ,ration of the Deed of Trust. Any a apections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability en the part of Lender to Irustor or in any other person The representations and
<br />warranties contained herein are based no Truster 's due diligence In Investigating the Property for Hazardous Substances. Truster
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster be vmes liable for
<br />claanup or other costs under any such laws: and 12) agrees to Inderrody and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer reaching from a breach of this
<br />section of the Dard of Trust or us a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Tructor's ownership or interest in the Property, whether or not the same was ar .should have been known to Truster.
<br />The provisions of files section of the Deed of Troi Including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the Ilan of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any Interest In the Property, whether by foreclosure or alherwlse.
<br />Nuisance, Waste. Tnlsfor shall not recap, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property- Without limiting the generality of the foregoing, Truster will not remove, or yranl to
<br />any other party the right to r any timber, minerals (,eluding oil and gus), coal, slay, send., soil, gravel or rook products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written concept As a abolition to the removal of any Improvements, Lender may mgulre Truster to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's Interests and to Inspect the Real Property for purposes of Trustor', compliance with the terms and conditions of
<br />dris Deed of Trust.
<br />Compliance with Governmental Requirements. Truster shall promptly comply with all laws, ordinances, unit regulations, now or
<br />hereafter in etlect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act Truster may in good firch airy soon law obanamber a g Ltnn and withhold umni,fianct"
<br />during any probeedlogr including appropriate appeals, so Line as Truster 1' s notified Lender in writing p to doing so and so Ion, as,
<br />in Lender's sole opinion, Lenders i nterests 'n the Property are not jeopardized, Lender may require Truster to post adequate security
<br />or a surely occur reasonably satisfactory to Lender, to prm," Lender's Interest.
<br />Duty to Protect. Irustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
<br />those acts rat forth above In this s.ctme, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
<br />TAXES AND LIENS. I he following provisions relating to the taxes and liens on the Property are part of this Dead of Trust;
<br />Payment. Tnratcr shall pay when due (and in all events prior To delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all clobns for work done
<br />an or far services rendered or material turn lshed to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of I ender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />Right to Contest. Truster may withhold payment of any tax, assessment, or r aim in connection with a good faith dispute over the
<br />obllganne to pay, so long as Lenders interest in the Property is not lespordized If a lien arises or is filed as a result of nonpayment,
<br />Trustor shall within fifteen (15) days after the lien ,1 b a', If a her is fileerth.Lender fifteen If 5) days fter corporate for his notice of the
<br />filing, secure the discharge of the Iicn, o requested V pose r
<br />other security satisfactory to Lender In err amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
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